My thesis

Impactsof Emergencyonthe State and CitizensinBangladesh
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Research Monograph on
Impacts of Emergency on the
State and Citizens in Bangladesh
Course Name: Administrative Law
Course Code: LL.M.-521
Department of Law, University of Dhaka.

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Submitted To
DR. S.M. HASAN TALUKDER
Professor
Department of Law
University of Dhaka
Submitted By
Exam Roll:
Registration: HA-3957
Session: 2016-17
Batch: 40
Department of Law
University of Dhaka
Date of Submission:June 27, 2018

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LETTER OF TRANSMITTAL
June 27, 2018
Dr. Md. Rahmat Ullah
Professor & Chairman
Master of Laws (General and Specialized)
Exam Committee 2017
Department of Law
University of Dhaka
Subject: Submission of Research Monograph on “Impacts ofEmergency on the State and Citizens in
Bangladesh.”
Dear Sir,
This is my gratification to submit this Research Monograph on “Impacts of Emergency on the State and
Citizens in Bangladesh” as to accomplish the fractional prerequisite of Master of Laws (General and
Specialized) program under Department of Law, University of Dhaka. This has been obviously a great
basis of my perceptive insights for me to conduct similar types of facts in the future.
I would like to express my truthful appreciation to you and will also be obliged if you reflect on this.
Sincerely Yours
Exam Roll:
Registration: Ha-3957
Batch: 40
Master of Laws (General and Specialized)
Department of Law
University of Dhaka

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STATEMENT
This is to verify that the research on “Impacts of Emergency on the State and Citizens in Bangladesh”
is my own work and to the best of my knowledge and belief it contains no plagiarism. The whole research
work was accomplished by me under the guidance and kind supervision of my supervisor.
I further submit that the thesis has not been previously submitted in partial or in full by me for any degree
or diploma in any University or Institute.
Examination Roll:
Registration: Ha- 3957
June 27, 2018

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APPRECIATION
All kinds of words of praise and gratitude go to Almighty Allah who empowered me to complete the task.
This task is not simply a creation of my own efforts but a result of the important contribution of many
magnificent people whose friendly assistance and valuable suggestions help this study meet the light of
success.
I would like to supplement my deepest admiration to my Thesis Supervisor and Course Coordinator Dr.
S.M. Hasan Talukder, Professor of Department of Law,University of Dhaka; whose guiding principles
showed my way to step on right trail.
I am also grateful to my respected teachers,Dr. Md. Rahmat Ullah, Dr. Mohammad Nazmuzzaman
Bhuian, Mr. Maimul Ahsan Khanand Mr. Syed Masud Reza who gave me a valuable insight into the
philosophy of “Impacts of Emergency on the State and Citizens in Bangladesh” despite their business. I
would like to express my debt to my parents who are my source of life and inspiration.
My teachers,friends, well-wishers and all are entitled to credit of this work for their cooperation, valuable
suggestions, and encouragement.

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ABBREVIATIONS AND ACRONYMS:
AD= Appellate Division
SC= Supreme Court
DLR= Dhaka Law Reports
BLD= Bangladesh Legal Decisions
BLC= Bangladesh Legal Chronicle
MLR= Mainstream Legal Reports
AIR= All India Reports
ICCPR= International Covenant on Civil and Political Rights
UN= United Nations
HCD= High Court Division

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Contents: Page No
Chapter 1: Forward…………………………………………………………………………………..8
1.1.Meaning of the terms used in the thesis…………………………………………………………8
1.1.1. Meaning of the term impact…………………………………………………………………8
1.1.2. Meaning of the term emergency……………………………………………………………..8
1.1.3. Mening of the term state……………………………………………………………………..8
1.1.4. Meaning of the term citizen………………………………………………………………….8
1.1.5. Meaning of the term Bangladesh…………………………………………………………….8
1.2 Objectives of the study …………………………………………………………………………...9
1.3. Fields of Study……………………………………………………………………………………9
1.4. Methodology……………………………………………………………………………...............9
15. Limitation of the Study……………………………………………………………………………9
1.6. Chapter Analysis…………………………………………………………………………………10
1.7. Conclusion……………………………………………………………………………………….10
Chapter 2: Concept of Emergency……………………………………………………………………11
2.1. Definition…………………………………………………………………………………………11
2.1.2. Classification of Emergencies:…………………………………………………………………12-13
2.2. The necessity of Emergency:…………………………………………………………………….13-14
2.3. Historical background of emergencyprovisions in Bangladesh Constitution: ……………………………………..14
2.3.1. Bangladesh: Provisions of Emergencies:………………………………………………………15
Chapter 3: Impacts of Emergency on the State and Citizens in Bangladesh
3.1. Impact of Emergency on the Stat…………………………………………………………………16-19
3.2. Impact of Emergency on the Citizen:……………………………………………………………..20-21
Chapter 4: The Darkest Period in Indian Democracy and its Subsequent Recovery………………….22-24
CHAPTER 05: Loopholes in the Constitution paving way for abuse of the Provisions of Emergency and
Recommendations to deal with such loopholes ensuring the original purpose of Emergency……...25-26
Conclusion………………………………………………………………………………………………27
Index: ……………………………………………………………………………………………………28

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CHAPTER ONE: Forward
Emergency provisions have always been a burning question in the third world countries like ours where
violation of fundamental rights is widespread. Though necessary for the smooth running of the state and
for ensuring greater welfare, emergency provisions have often been used to suppress the opposition here.
Time has come to reconsider the emergency provisions and the necessity of the incorporation of
constitutional safeguards in order to curtail its abuses.
1.1 Meaning of the terms used in the title of the thesis
1.1.1. Meaning of the term `Impact`:
According to Merriam Webster Dictionary, impact means the power to bring about a result on another1
. It
generally denotes to consequences of any action to another.
1.1.2. Meaning of the term `Emergency`:
1http://www.merriam-webster.com/dictionary/impact.

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According to Merriam Webster Dictionary, emergency denotes to an unexpected and unusually dangerous
situation that calls for immediate action. 2
But in strict constitutional sense, emergency means the
suspension of and restriction over certain fundamental rights of the citizens in order to deal with such
precarious situation where the security of the state is threatened.
1.1.3. Meaning of the term `State`:
The term state denotes to a government or politically organized society having a particular
character3
.According to Black`s Law dictionary state denotes to a body politic, or society of men
united together for the purpose of promoting their mutual safety and advantage, by the joint efforts of
their combined strength4
.
1.1.4. Meaning of the term `Citizen`:
Generally the term citizen means a legal resident of a state who upon fulfilling certain duties enjoys
certain rights from the country. According to Merriam Webster Dictionary citizen denotes to a native or
naturalized person who owes allegiances to a government and is entitled to protection from it5
.
1.1.5. Meaning of the term ‘Bangladesh’:
Bangladesh means the Peoples, Republic of Bangladesh located in South Asia. It is a unitary, independent
and sovereign State since 26th
March, 1971. From 1947-1971, it was known as East Pakistan as a part
British-Indian and a region of Bengal Province. The territories of its western side is West Bengal, Eastern
side is Tripura of India and Myanmar. The northern side is West Bengal and Assam of India. The
southern side is exclusively the Bay of Bengal. The state language of Bangladesh is Bengal. English,
however, is widely spoken. The total population is about 150 million, out of which 88% is Muslim and
rest portions are Hindu, Buddha and Christian converting a total area of 56977 square miles or 147570
kilometer6
.
1.2 Objectives of the study
This paper analyses the declaration of a state of emergency in Bangladesh from constitutional law and
human rights perspectives. The Bangladesh Constitution, like most written constitutions, contains
provisions for a state of emergency to deal with situations which either affect, or are likely to affect, a
large number of people or their property, posing thereby a threat to public safety or the national economy.
The response of a state to a public emergency is the `litmus test` of its commitment to maintaining the
rule of law and safeguarding fundamental rights, particularly those rights from which no derogation
should be made.7
The study will not try to argue to exclude such provisions of emergency from the
constitution rather it will urge for the necessary safeguards which can prevent the abuse of such
provisions.
1.3 Fields of the Study
My research area is the impact of emergency on the state and citizens of Bangladesh, but it is also
extended to discuss the relevant issues as well. For a complete comparative research I have to refer the
2 .http://www.merriam-webster.com/dictionary/emergency.
3https://www.merriam-webster.com/dictionary/state
4https://thelawdictionary.org/state-n/
5. https://www.merriam-webster.com/dictionary/citizen
6Talukder , Dr. S.M. Hassan, Access to Justice: Bangladesh Perspective (2010), p. 5
7 . Ramraj and Guruswamy, 2013.

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concerned constitutional provisions of India, Pakistan, UK etc. but emphasis will be given on Bangladesh
perspective.
1.4 Methodology
It is mainly desktop research. In order to give complete shape to the thesis, a range of research method is
used:
a) Review of secondary literature on emergency provision and its consequences;
b) Examination of the constitutional provisions regarding emergency provisions:
c) Available statistical data and media reports.
Discussion of the conceptual issues is based on the literature including books, journals and electronic
materials, and constitutional law and statutory law. It also draws on the provisions of some international
instruments which are related to this study. In respect of the law and practices in Bangladesh, the
materials are collected from a wide range of sources including the Constitution, statutory law, public
records, newspaper and internet.
1.5 Limitation of the study
This study is concerned with the impact of emergency on the state and the citizens of Bangladesh. An
important limitation of the study is that here the impact of emergency on the perspective of Bangladesh
has been discussed mainly. The study does not contain the perspective of other countries, though
reference of some countries has been given to strengthen my argument. Also, a few systematic and
structured researches have so far been carried out evaluating the Bangladeshi Constitution`s provisions
concerning emergency power of the state, its consequences on state and the citizens, suspension of
fundamental rights, preventive detention etc. Again unwillingness of the concerned authority to provide
statistical data related to required field and absence of updated data in the official website of the same
authority has also posed a bar to this study. Besides, due to word and time limitation, details analysis and
discussion has not been possible.
1.6 Chapter analysis
This study is a combination of five chapters that weave through the commonality of the objectives
outlined above. Following this introduction, Chapter 2 examines the concept of emergency, its necessity,
background of emergency provision in Bangladesh, constitutional provisions regarding the concept of
emergency etc. Chapter 3 examines the consequences of the declaration of emergency on the state and the
citizens of Bangladesh. Chapter 4 presents as a role model how India overcame its darkest democratic
period through adopting necessary safeguards. Finally, Chapter 5 brings to light the loopholes in our
constitution using which the emergency provision has been abused time and again as well as provides
recommendationsto fill these loopholes evaluating the safeguards against human rights violations in the
emergency provisions of other counties.
1.7 Conclusion:
In a country where fundamental rights are violated by the executive at their sweet will even in peace time,
the constitutional approval of such actions during emergency obviously seems unjust and draconian. The
Constitution, supreme law of the state reflecting the hope and aspirations of its people is supposed to
devoid of such provisions.

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However, sometimes it may be difficult to adequately deal with situations within the framework
provided by the existing law, especially criminal law. ‘This likely inability to effectively deal with the crisis
clearsthe conceptual pathfor anotherwayto confrontthe problem:the “state of emergency8
.``
The existence of emergencyprovisionsinthe constitution isn'tasmuchresponsibleasitsabuse is.
CHAPTER TWO: Concept of Emergency:
2.1. Definition
Though many countries incorporated emergency provisions in their Constitutions, none has exactly
defined emergency. Normally emergency means an unexpected occurrence requiring immediate
action.Like the written constitutions of most countries, the Constitution of the People Republic of
Bangladesh also contains the provision for proclamation of emergency, but nowhere it is exactly defined
that what a state of emergency means.
Lord Dunedin in the case of Bhagat Singh vs. King Emperor expressed his opinion as,
“A state of emergency is something that does not permit of any exact definition. It connotes a state of
matters calling for drastic action.”9
Stiphen P. Marks has said, “Emergency is a situation which results from a temporary condition, which
place institution of the state in a precarious position, which leads the authorities to feel justified in
suspending the application of certain principles”.10
8
Bruce Ackerman,‘Emergency, Constitution’ (2004) 113 Yale Law Journal 1029, 1037.
9581-A, 169, 172, Source, Jain, M.P.p-111.

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In general sense, the expression ‘state of emergency’ means an exceptional situation of crisis or public
danger, actual or imminent, which affects the whole population or the whole population of the area to
which the declaration applies and constitutes a threat to the organized life of the community of which the
state is composed.
In the legal sense,in order to be defined as an emergency, the incident should be one of the following:
 Immediately threatening to life, health and property or environment,
 Has already caused loss of life, health detriments, property damage or environmental damage,
 Has a high probability of escalating to cause immediate danger to life, health, property or
environment.
According to Section 01 of the Civil Contingencies Act,2004,
Meaning of“emergency”
(1) In this Part “emergency” means—
(a) an event or situation which threatens serious damage to human welfare in aplace in the United
Kingdom,
(b) an event or situation which threatens serious damage to the environment of aplace in the United
Kingdom, or
(c) war,or terrorism, which threatens serious damage to the security of the UnitedKingdom.
(2) For the purposes of subsection (1)(a) an event or situation threatens damage to humanwelfare only if it
involves, causes or may cause—
(a) loss of human life,
(b) human illness or injury,
(c) homelessness,
(d) damage to property,
(e) disruption of a supply of money, food, water,energy or fuel,
(f) disruption of a system of communication,
(g) disruption of facilities for transport, or
(h) disruption of services relating to health.
(3) For the purposes of subsection (1)(b) an event or situation threatens damage to the
environment only if it involves, causes or may cause—
(a) contamination of land, water or air with biological, chemical or radio-activematter, or
(b) disruption or destruction of plant life or animal life.
(4) A Minister of the Crown, or, in relation to Scotland, the Scottish Ministers, may byorder—
(a) provide that a specified event or situation, or class of event or situation, is tobe treated as falling, or as
not falling, within any of paragraphs (a) to (c) ofsubsection (1);
(b) amend subsection (2) so as to provide that in so far as an event or situation
involves or causes disruption of a specified supply, system, facility or service—
(i) it is to be treated as threatening damage to human welfare,or
(ii) it is no longer to be treated as threatening damage to human welfare.
(5) The event or situation mentioned in subsection (1) may occur or be inside or outsidethe United
Kingdom.
From the viewpoints of constitutional law, “the concept of emergency means the suspension of and
restriction over certain fundament rights of citizens in order to deal with a situation when the security of
the state is threatened or the national interest is in peril.11
”
10 . Quoted by Shahnaz Huda “Human rights under emergency situations” The Dhaka University Studies part F, Vol:
III (1992).
11 . Halim, Md. Abdul, Constitution, Constitutional Law and Politics: Bangladesh Perspective, (2008) p. 279

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In broad sense, a state of emergency is a governmental declaration that may suspend certain normal
functions of government or may work to alert citizens to alter their normal behaviors or to order
government agencies to implement their emergency preparedness plans. It can also be used as the
rationale for suspending civil liberties; such declarations come during time of natural disaster or during
periods of civil unrest or a declaration of war; dictatorial regimes often declare a state of emergency that
is prolonged indefinitely as long as the regime lasts.
2.1.2. Classification ofEmergencies:
Emergencies can be classified from different dimensions. On the basis of its nature emergency can be
divided into three classes. These are follows: 12
a) Emergency of War,
b) Emergency of Subversion, and
c) Economic or Financial Emergency.
a) Emergency ofWar
For War or external aggression, when emergency is declared, it is called emergency of war. For instance,
India declared emergency of war first in October 1962 when China launched a massive attack on India’s
North Eastern border and, for the second time in December 1971 when Pakistan attacked India, under
article 352 on the plea of external aggression.
b) Emergency ofSubversion
If any state declares emergency for internal disturbances within the state to suppress civil war, or anti-
government movement, or riot, or to face natural disaster like storm, earthquake, volcanic eruption, is
called Emergency of Subversion. For example, in our country, emergency was declared five times due to
internal disturbance. Recently in 11th March in a state of emergency has been declared due to a massive
earthquake and tsunami near the Japanese island Honshu; Richter scale measure: 8.9.
c) Economic or Financial Emergency
The emergency declared with a view to overcoming a situation in which the economy of the state is about
to breakdown is called economic emergency. For example, Roosevelt (USA) adopted New Deal Policy to
overcome worldwide financial depression under National Industrial Recovery Act 1930. For another
example, article 360 of Indian constitution and article 235 of Pakistan constitution specifically provided
the provision of Economic or financial emergency. The Pakistan constitution also provides for the
National and Partial emergency.
2.2. The necessity of Emergency:
Though very often the Emergency provision appears before us with its sinister face, it would not be wise
to claim that such provision is not needed at all and would be prudent to tear up such constitution that
contains such a tyrannical rule that allows the government to exploit its people.
Desperate time needs desperate measure and so emergency is needed in the face of unexpected
occurrence when usual action is ineffective and immediate action becomes necessary, because the
security of a state is more important than the liberty of any individual.
As lord Atkinson has said in R.V Halliday case-
12 . Halim, Md. Abdul, Constitution, Constitutional Law and Politics: Bangladesh Perspective, (2008) p. 281

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“However precious the personal liberty of the subject be, there is something for which it may be,
to some extent, sacrificed by legal enactment, on account of national success in the war, or escape from
national plunder or enslavement”.13
In the words of Shukla V.N.-
“Events may take place threatening the very existence of the state, and if there are no safeguards ,
against such eventualities , the state together with all that is desired to remain basic and immutable, will
be swept away”. 14
Emergency provision should not merely be seen as an instrument invented by a heinous government that
for its own vile interest incorporates it in the constitution to violate the fundamental rights of its people
and pretend no wrong doing on its behalf. Even many regional as well as international instrument which
tend to bind states to ensure the human rights of their citizens admits that there are situations where for
greater good, suspension of certain rights is to be allowed.
Article 4(1) ofthe International Covenant on Civil and Political Rights, 1966 lays down that,
In time of public emergency which threatens the life of the nation and the existence of which is
officially proclaimed, the States Parties to the present Covenant may take measures derogating from their
obligations under the present Covenant to the extent strictly required by the exigencies of the situation,
provided that such measures are not inconsistent with their other obligations under international law and
do not involve discrimination solely on the ground of race,colour, sex, language, religion or social origin.
Article 15 of European Convention for the Protection of Human Rights and Fundamental
Freedoms 1950:
1. In time of war or other public emergency threatening the life of the nation any High Contracting Party
may take measures derogating from its obligations under this Convention to the extent strictly required by
the exigencies of the situation, provided that such measures are not inconsistent with its other obligations
under international law.
2. No derogation from Article 2, except in respect of deaths resulting from lawful acts of war, or from
Articles 3,4 (paragraph 1) and 7 shall be made under this provision.
3. Any High Contracting Party availing itself of this right of derogation shall keep the Secretary-General
of the Council of Europe fully informed of the measures which it has taken and the reasons therefore. It
shall also inform the Secretary-General of the Council of Europe when such measures have ceased to
operate and the provisions of the Convention are again being fully executed.
3) Article 27 ofAmerican Convention on Human Rights 1969:
SUSPENSION OF GUARANTEES
1. In time of war, public danger, or other emergency that threatens the independence or security of a State
Party, it may take measures derogating from its obligations under the present Convention to the extent
and for the period of time strictly required by the exigencies of the situation, provided that such measures
are not inconsistent with its other obligations under international law and do not involve discrimination on
the ground of race,color, sex, language, religion, or social origin.
2. The foregoing provision does not authorize any suspension of the following articles: Article 3 (Right to
Juridical Personality), Article 4 (Right to Life), Article 5 (Right to Humane Treatment), Article 6
(Freedom from Slavery), Article 9 (Freedom from Ex Post Facto Laws), Article 12 (Freedom of
Conscience and Religion), Article 17 (Rights of the Family), Article 18 (Right to a Name), Article 19
13Quoted by A.B.M. Mafizul Islam Patwari “Liberty of the People;Britain and Bangladesh” P .29.
14 Shukla V.N. Cpnstitution of India, 7th ed, (India: Eastern Book Company, 1988)P 631

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(Rights of the Child), Article 20 (Right to Nationality), and Article :23 (Right to Participate in
Government), or of the judicial guarantees essentialfor the protection of such rights.
3. Any State Party availing itself of the right of suspension shall immediately inform the other States
Parties, through the Secretary General of the Organization of American States, of the provisions the
application of which it has suspended, the reasons that gave rise to the suspension, and the date set for the
termination of such suspension.
Efforts to deprive the government of the power to declare a state of emergency altogether may limit its
ability to respond to the situation. Hence there should be no debate on the necessity of emergency
provisions in the constitution rather focus should be given in developing mechanism so that the provision
can’t be abused by the authority in power to suppress opposition and cling to power.
2.3. Historical background of emergency provisions in Bangladesh Constitution:
In Indian subcontinent the history of declaring a state of emergency came through the
Government of India Act 1935. Under article 102 of the Act the Governor General could declare
emergency if, in his opinion, a grave situation existed whereby the security of India was
threatened whether by war or internal disturbances15.
In conformity with the aforesaid article Pakistan introduced the provision of state of emergency
in article 191 of the constitution (1956) and also included this provision in the constitution of
1962.
Because of the harsh experience of political suppression during the Pakistani Regime in excuse
of emergency the makers of the Constitution of Bangladesh did not include emergency
provisions in the Constitution of 1972.However, the test of power did not take much time to
wrap the oppressed within the nature of the oppressors and emergency provisions were inserted
in the Constitution of Bangladesh in by the Second Amendment 1973.
2.3.1. Bangladesh: Provisions of Emergencies:
Emergency provision under Bangladesh constitution
Articles 141A, 141B and 141C of part 9A of our constitution deal with emergency provisions. But Article
141A (1) specifically deals with declaration of emergency.
Article 141 A (1) states- “if the President is satisfied that a grave emergency exists in which the security
or economic life of Bangladesh, or any part thereof, is threatened by war or external aggression or internal
disturbance, he may issue a Proclamation of Emergency”.
(a) A Proclamation of Emergency may be revoked by a subsequent Proclamation
(b) Shall be laid before parliament
(c) Shall cease to operate at the expiration of 120 days, unless before the expiration of that period it has
been approved by a resolution of Parliament
(d) If any such Proclamation is issued at the time when the Parliament stands dissolved or the dissolution
of Parliament takes place during the period of 120 days, the Proclamation shall cease to operate at the
expiration of 30 days from the date on which the new Parliament first meet, unless it approves
continuation of the emergency.
According to Article 141 B- During emergency, article 36, 37, 38, 39, 40 and 42 shall not restrict the state
to make any law or to take any executive action which is contrary to Part III of this constitution.
15 . Reference. Keith, Arthur Beoriedale, A Constitutional History of India 1600—1935, 2nd ed, London 1969, P. 364

16
Any law so made shall, to the extent of the incompetency, cease to have effect as soon as the
Proclamation ceases to operate, except in respect of things done or omitted to be done before the law so
ceases to have effect.
Article 141C says, when emergency is declared the President may by an order suspend the right to move
the High Court for enforcement of any fundamental rights and this order may extend to the whole of
Bangladesh or any part thereof.
CHAPTER THREE:
Impacts of Emergency on the State and Citizens in
Bangladesh
Declaration ofemergency in Bangladesh mainly results in two things:
a. Suspension of provisions of certain articles of the Constitution16
b. Suspension of enforcement of fundamental rights17
Such suspension of provision of certain articles of the Constitution and the suspension of fundamental
rights during the continuance of emergency affect all the organs of the state, i.e. the legislative (the
parliament), the executive and the judiciary as a whole by increasing jurisdiction and power of one while
minimizing the same of the other. Consequently such sudden and abnormal imbalance of power among
16 . Article 141B of the Constitution of the Peoples Republic of Bangladesh
17 . Article 141C of the Constitution of the Peoples Republic of Bangladesh

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the state organs affect the individual citizens are mainly fall victim to different kinds of oppression due to
such shift of power.
Since the independence, emergency has been proclaimed in Bangladesh for five times:
1. 1st
Emergency: Proclaimed on 28th
December,1974
2. 2nd
May, 1981
3. 3rd
November, 1987
4. 4th
November, 1990
5. 5th
January, 2006
Each of the five emergencies was declared taking advantage of the vague ground of `internal disturbance`
laid down in Article 141A of the Constitution mainly to consolidate power or to subdue the opposing
party leading to the exploitation of the common people.
Each of the emergencies had more or less similar effect on the state and the citizen empowering the
executive to enjoy almost autocratic power while degrading the rights of the citizens by snatching way
their safeguards against the abuse of power by the state.
Impacts of Emergency on the State and Citizens from the
Experience of five Emergency Periods in Bangladesh:
As discussed earlier what basic aftermath does a proclamation of emergency have on the state and
citizens, we will try to go through a deep analysis of the emergency provision based on the legal and socio
political impact of such on the state and the citizen in Bangladesh perspective.
3.1. Impact of Emergency on the State:
Impact of emergency on the state denotes to what effect it has on the organs of the state. As we know
generally we can divide the state into three organs namely, the legislature, the executive and the judiciary.
Now let’s take a look into the changes which are encountered by these organs during emergency and how
the ruling authority used such changes.
3.1.1. Impacton the Legislature (Parliament):
The parliament is endowed with the power of making laws on behalf of the citizens thorough their elected
representatives for the running of the state. However, law making power of the legislature is not
unlimited. It is subjected to the restriction imposed by article 26 of the Constitution. The parliament It
limits the state power to make any law inconsistent with the fundamental rights. However, during
emergency such restriction is lifted thorough Article 141B empowering the parliament unlimited power to
make any kinds of law even if such a law goes against the fundamental rights of the citizens. Article 141B
states that
…..While a Proclamation of Emergency is in operation, nothing in articles 36, 37, 38, 39, 40and 42 shall
restrict the power of the State to make any law or to take any executive actionwhich the State would, but
for the provisions contained in Part III of this Constitution, becompetent to make or to take, but any law
so made shall, to the extent of the incompetence,cease to have effect as soon as the Proclamation ceases to
operate, except as respects things done or omitted to be done before the law so ceases to have effect.

18
3.1.2. Impacton the Executive:
Literally, the executive is the all in all during the emergency as Article 141B apparently gives the
executive to run the state at its whim. It can take any action without thinking about its consequence on the
fundamental rights of the citizens. It also empowers the executive to make any rules or regulations
without worrying about its constitutionality as such rule or order cannot be challenged in the court.
In the Case of Md. Mujibur Rahman v. the Government of Bangladesh18
, Custom collector Mujibur
Rahman was compulsorily retired by an order of the Chief Martial Law Administrator. Being aggrieved,
Mujibur filed this case to the Administrative Tribunal challenging the impugned order of the Chief
Martial Law Administrator as illegal.
The learned member of the Administrative Tribunal, in effect, accepted the case on merit and set aside
impugned order of the Government as illegal and Ultra Vires. However, on appeal19
The Administrative
Appellate Tribunal set the decision of the Administrative Tribunal aside on the ground that the
jurisdiction of the Chief Martial Law Administrator was unlimited and his order could not be held illegal
and Ultra Vires. No court or tribunal has jurisdiction to call in question the validity of any order of the
Chief Martial Law Administrator on any ground whatsoever. All orders made, actions taken by the Chief
Martial Law Administrator were indeed immune from being challenged in any court or tribunal.
In the case of The State Vs. Moyezuddin Sikder and others20
the Appellate Division of the Supreme court
held similar opinion where it set aside the impugned order passed by the HCD saying that the jurisdiction
of the courts including the Supreme Court has been ousted by Rule 19(gha) of the EPR,2007.
The Emergency Powers Ordinance 2007:
Section 05: (1) Nothing stated in this ordinance or no provision subject to this ordinance can be
challenged in any court.
(2) in the cases where, under this ordinance or through power vested under this ordinance, any order
is released or signed by any authority, that order shall be attributed to that particular authority, subject
to the Evidence Act 1872 (X of 1872).
Section 06: (1) no action, done by a person in good faith, according to this ordinance or any rule
under this ordinance or any provision under such rule, may be challenged in civil or criminal court.
(2) no action, done in good faith by the government, according to this ordinance or any rule under this
ordinance or any provision under such rule, and any resultant damage due to the action, may be
challenged in civil or criminal court.
Using the unlimited and unquestionable power vested to the executive during emergency they made
special ordinances and rules containing such injurious section as mentioned above to rule the country.
Even it protects the persons taking action under such ordinance or rule for any kind of wrongdoing simply
on the vague ground of good faith or whatsoever.
18 . Case no 148 of 1985
19 . Appeal no 12 of 1986
20 . 13 MLR (2008) (AD) 208.

19
The Emergency Powers Rules 2007:
Following the Emergency Power Ordinance, 2007, The Emergency Powers rules containing further
regulations violating civil and political rights as wee as empowering the executive to take any actions was
made.
It provided the law enforcing agency the power to arrest any suspected person without warrant21
,detention
of person under the Special Powers Act,197422
.
It also deprived the citizens of their rights to freedom by denying bail23
. It snatched away to right to
political activities by banning all sorts of rally, processions and meetings24
. Also it put strict restriction on
news,discussion, photos etc.25
specially concerned with government criticism.
3.1.3. Impactof Emergencyon the Judiciary:
The organ of the state which stands as a safeguard for the citizens` rights and works as a watchdog to
keep the actions of the state within its constitutional obligation, the Judiciary suffers most during the
emergency. The power of the judiciary is curtailed to the bottom during the emergency period. Article
141C of the Constitution states that:
….(1) While a Proclamation of Emergency is in operation, the President may, 89 on the
writtenadvice of the Prime Minister, by order , declare that the right to move any court for the
enforcementof such of the rights conferred by Part III of this Constitution as may be specified in the
order, and all proceedings pending in any court for the enforcement of the right so specified, shall
remain suspended for the period during which the Proclamation is in force or for such shorter period
as may be specified in the order.
Thus it snatches away the power of the judiciary to grant fundamental rights to the citizen and provide
remedy upon violation. So, if any person`s right is violated under Article 141B and Article 141C he, on
application to the High Court Division gets no remedy under Article 102(1) of the Constitution.
In the Case of Kripa Shindu Hazrav v. The State, CJ Badrul Haider Chowdhury says that
“During emergency when the fundamental rights are suspended and the right to move to any court for the
enforcement of the same has been taken away, neither Article 102 of the Constitution nor section 491 of
the CrPC is available to seek the enforcement of these rights. 26
”
At the same time during the emergency the power of the Judiciary to challenge the constitutionality of
any law or order passed by the Parliament or the Executive is also taken away27
.
Decision of the Administrative Appellate Tribunal in the Case of Ramkrishno Banerjee (Appellant) Vs.
Secretary, Labor and Manpower Ministry 28
(Respondent) held that no court or tribunal has the
jurisdiction to call in question the validity of any action taken or order made by the Chief Martial Law
Administrator.
21 . Rule 16 of the Emergency Powers Rules, 2007
22 .Rule 21 of the Emergency Powers Rules, 2007
23 .Rule 10 of the Emergency Powers Rules, 2007
24 .Rule 03of the Emergency Powers Rules, 2007
25 . Rule 05 of the Emergency Powers Rules, 2007
26 .(1978) 30 DLR 103,114
27 . See Section 05 of the Emergency Powers Ordinance, 2017.
28. Appeal 5 of 1991

20
3.1.4. Impact of Emergency on the State`s obligation to enforce fundamental rights:
As Bangladesh government has ratified many international treaties convention pledging its intention to
ensure international standard in the human rights of its citizens, it has some obligations arising out of
those treaties and conventions. Though such treaties and conventions permit derogations from such
obligation they impose specific conditions on which derogation is allowed and to what extent29
.
However, it is unfortunate that of the five emergencies of Bangladesh not a single time the government
carried out its obligation of following certain conditions and criteria according to the conventions during
emergency.
3.2. Impact of Emergency on the Citizen:
As mentioned earlier, no matter what positive or negative impacts emergencies have on the various
organs of the state, the citizens are always the scapegoats during the emergency period.
Using the advantages of Article 141B the state makes laws, orders. Rules etc. directly violating the
fundamental rights of the citizens and the executive make the citizens their plaything as they enjoy
unlimited power and immunity over their actions and decisions. On the other hand Article 141C of the
Constitution prevents them from seeking remedy from the court for such violations of their rights. As a
result human rights violation remained the standard picture of each of the five emergencies.
The Dhaka Metropolitan Police Ordinance, 1976:
Section 86: Penalty for being found under suspicious circumstances between sunset and sunrise
Whoever is found between sunset and sunrise—
(a) armed without any satisfactory excuse with any dangerous instruments; or
(b) having without any satisfactory excuse his face covered or otherwise disguised; or
(c) in any dwelling house or other building, or on board any vesselor boat or in any vehicle without being
able satisfactorily to account for his presence there; or
(d) lying or loitering in any street,yard or other place without being able to give a satisfactory account of
himself; or
(e) having in his possession without satisfactory excuse any implement of house-breaking;
29 . For example see. Article 4(1) of the ICCPR, 1966

21
shall be punishable with imprisonment for a term which may extend to one year,or with fine which may
extend to two thousand taka, or with both.
Such laws deprive the citizens of their fundamental rights and encourage abuse of power of the executive.
Also the excessive power and immunity given to the executive during emergency thorough special laws
like The Emergency Powers Ordinance, 2007 and the Emergency Powers Rules, 2007 etc virtually leave
the citizens in the mercy of executive for their life and rights.
The only impact that emergency has on the citizens of Bangladesh is making them victim of oppression,
sufferings and disgrace.
3.2.1. Arrestwithout warrant:
Various laws made during the emergency permits arrest without warrant merely on the suspicion by the
law enforcing agencies. Such an instrument is heinously used by the government to suppress political
opposition leading to the arrest of thousands including political leaders as wee as common citizens. Mass
arrest all over the country has been the standard of every five emergencies here.The number of people
arrested just within a span of a month (between 28 May 2008 and 30 June 2008) is reported to be 50,215.
Out of these,arrest warrants were issued only against 34,249 and others were arrested without any
warrant30
. It is alleged that the number of arrested person rose to such extent that the government had to
release some persons arrested for small offences to make room in the detention centers.
3.2.2. Extra Judicial Killings:
Emergency in force or not extra judicial killing by the law enforcing agencies has always been a powerful
weapon to the government to suppress the opposition. However, during emergency different laws are
made which almost leave the life or death of a common citizen to the whim of the executive. Special law
made during the emergency tend to inspire wrongdoing by the law enforcing agencies by giving
immunity for their action and refusing the victim any means to claim compensation or remedy.
During the last emergency approximately 184 people were killed in the so called crossfire or encounter
with law enforcing agencies.
3.2.3. CustodialDeaths:
Detention under The Special Powers Act 1974 and torture while in custody or remand to extract
information is rampant during every emergency in Bangladesh. Though Bangladesh has ratified the UN
Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment (CAT),
there is as yet no law that prohibits and criminalizes the practice, as well as no means to lodge a
complaint. The Bangladesh Government at the time of ratification assured that it would apply article
14(1) of the UN Convention stipulating the right to redress, compensation and rehabilitation for victims in
accordance with existing laws. However, no step was ever taken to pass laws for redress, compensation
and rehabilitation. The practice of torture and custodial deaths has never been specifically criminalized.
Above all, the government has always protected the perpetrators by granting immunity from future
prosecution. Thus it seems that torture and extrajudicial killings are deliberate government policy in
Bangladesh, in spite of Bangladesh being a member of the UN Human Rights Council as well as a party
to key international human rights covenants such as the CAT. Bangladesh is also in breach of its
international law obligation in failing to submit any periodic reports to the CAT Committee. It is
estimated that during the last emergency about 92 people died in custody.
30
.See Daily Ittefaq (Dhaka),June 30 2008

22
It is thus evident that emergency has disastrous impact on the democratic nature of the state violating
numerous fundamental rights turning the state virtually a police state.
CHAPTER 04: The Darkest Period in Indian Democracy and its
Subsequent Recovery:
India, our closest neighbor and the largest democracy in the world has also undergone its fair share of
disgrace in tarnishing democracy by utilizing the Constitutional mechanism not for the greater welfare of
the state but for the mere interest of a few in power. The darkest chapter in Indian democracy was during
1975 to 1977 when the Indira Gandhi government proclaimed emergency on the ground of internal
disturbance. However, India subsequently brought some commendable changes in the constitution
regarding the Emergency provisions to protect its democracy from the heinous clutches of the political
vultures who tend to abuse such provisions for suppressing the opposition and clinging to power only.
Emergency in Indian Constitution (Before the 44th
Constitutional Amendment):
India adopted the Emergency provisions in its constitution by following the Emergency provisions in the
Weimer Constitution (1919-1933) as a model. Its emergency provisions are laid down in part 18 (Articles
352-360) of the Constitution. According to these articles there are three types of Emergency:
1. National Emergency (Article 352)
2. President’s Rule also known as State Emergency (Article 356)
3. Financial Emergency (Article 360)

23
The President can declare emergency on any ofthe following grounds:
1. War
2. External Aggression
3. Internal Disturbance
Emergency have been proclaimed in India thrice:
1. 1962 : Due to Indo-China war
2. 1971: Due to Indo-Pak war
3. 1975: Internal Disturbance (Indira Gandhi Regime)
Here we will only focus on the Emergency of 1975-77, how it vitiated Indian democracy and played a
role in the immunization of the same.
Background:
On June 26, 1975, during the Indira Gandhi regime emergency was proclaimed in India for the third time.
The then President Fakhruddin Ali Ahmed proclaimed emergency on the advice of PM Indira on the
ground of internal disturbance. Indira justified the necessity of the emergency alleging that some political
leaders were instigating the armed force and the police against the government. As no written request
from the cabinet was needed for asking the President to proclaim emergency, many members of the
ruling party even many ministers were in the dark about such proclamation. Prior to the 44th
Constitutional Amendment, parliamentary approval for the proclamation of emergency could be given
only by simple majority. As the ruling Congress party held simple majority both in the Lok Sabha and
Rajja Sabha parliamentary approval for the emergency was not a barrier at all.
Also the term `internal disturbance` is not defined anywhere and can be used in any situation. Indira took
the advantages of the loopholes in the Indian Constitution and asked the president to declare emergency
only to safeguard her own political career.
Congress was going through some political downfalls during the 75s, specially the PM was under
immense pressure. The most pressing fact was the Judgment of Raj Narain Case31
that came in 12th
June,
1975. The Allahabad High Court in the judgment ruled against the PM for electoral malpractice during
the election of 1971 and disqualified her as member of Lok Sabha and barred her from election again for
6 years.
Besides other political turmoil, this judgment came to Indira as a bolt from the blue as the next election
was within a year. In such a desperate situation Indira tried to prevent her downfall through emergency.
India during the third Emergency:
As a consequence of the declaration of emergency the following fundamental rights were suspended:
Protection of Certain Rights Regarding Freedom of Speech, Freedom of Assembly, Freedom of
Movement, freedom of Profession etc. (Article 19)
Protection in respect of Conviction for offences (Article 20)
Protection of Life and PersonalLiberty (Article 21)
So, we can see that the Proclamation of Emergency virtually gave the Indira Gandhi government all the
powers to do whatever it wished to do without brooding over the legality of the action and the regime
took the full advantage by:
Rewriting laws: In the excuse of the emergency, the government passed a number of laws only for the
purpose of suppressing the opposition. The existence of emergency empowers the government to pass any
kind of laws no matter whether it goes against the fundamental rights of the citizens guaranteed by the
Constitution.
Subverting Judiciary: The Indira government made AN Ray the Chief Justice without following the
maxim of seniority only due to Ray`s utmost allegiance to Indira Government.
31 State of Uttar Pradesh v. Raj Narain, 1975 AIR 865

24
Arresting almost all political leaders in the opposition32
Controlling Media: All the mass media was controlled by the regime during the emergency and news in
every media was to be authorized by the regime before publishing.
Making people go through forced sterilization33
The emergency was revoked in March, 1977 under international and national pressure. Election was held
in 1977 which the Congress lost to Janata Party.
The 44th
Constitutional Amendment and the Consolidation ofIndian Democracy:
The newly elected government under M. Desai immediately took steps for removing the stain left by the
Indira government on the Indian democracy. It formed Shah Commission to look into the conditions,
causes and actions during the emergency and found no credible reason. Desai government took a drastic
step so that Indian democracy would never have to go through such disgrace. It passed the 44th
Amendment of the Constitution which limited the scope of proclaiming emergency.
Changes brought about by the 44th
Amendment ofthe Indian Constitution:
 The term `internal disturbance` was substituted by the term `armed rebellion`. Thus it clarifies
that emergency can be proclaimed only when there is an armed rebellion not on the some vague
ground of internal disturbance.
 Advice for proclaiming emergency from the Union Cabinet to the President has to be in writing.
Previously oral communication was enough.
 Parliamentary approval has to be given not by simple but special majority. Thus it removes the
monopoly of the ruling party in giving approval to the proclamation of the emergency.
 Right to freedom of speech, movement, assembly, profession etc (Article 19) can be suspended
only in the emergency due to war or external aggression.
 Rights to Protection in respect of Conviction for offences (Article 20) and Protection of Life and
PersonalLiberty (Article 21) cannot be suspended.
It also worth mentioning that the Proclamation of Emergency is now subject to judicial review34
.
Such radical changes freed India from the disgraceful chapter of the third emergency during which the
government could even kill anyone even without transcending the Constitution. Such measures have
proved to be pragmatic and effective so far as there has not been further proclamation of emergency in
India since 1975. India can be a glaring example for many countries whose people are being suppressed
by the government in the name of the constitution.
32 Indian Herald, 26th June, 1975
33 The Indian Express, 8th March, 1977
34 . Minerva Mills vs. Union of India, AIR 1980 SC 1789

25
CHAPTER 05: Loopholes in the Constitution paving
way for abuse of the Provisions of Emergency and
Recommendations to deal with such loopholes ensuring the
original purpose of Emergency:
There is a motivational saying, ``You never lose. You either win or you learn. ``
The origin of such saying can be traced back to the famous quote of Nelson Mandela, one of the greatest
leaders the world has ever seen, ``I never lose. I either win or I either learn. `` His words were not to mean
himself only but to mean millions of blacks sweltering under the heat of injustice and oppression under
the apartheid regime in South Africa. His words were to keep the hope of millions of oppressed including
himself alive in the face of unspeakable miseries.
Unfortunately the saying should be ``You never lose. You either win or you learn unless you are a
Bangladeshi political leader. `` Ironically we cannot but admit this. The thing against which our political

26
leaders struggle vigorously while in opposition, suddenly become expert of its importance soon after
coming into power. In our short history, five emergency periods have not taught our leaders anything.
While in power, no intention is seen among them to remove the loopholes in the constitution which were
the weapon used against them while they were in opposition. Each of our previous government
intentionally kept the loopholes in the constitution to suppress the opposition. Even India, realized the
moral necessity of removing the loopholes in the constitution after emergency was declared on the ground
of internal disturbance in 1975. After coming to power, the new government under Morarji Desai
undertook steps so that they the darkest period in Indian democracy would never repeat and since then in
the last four decades emergency was not proclaimed once. In the perspective of Bangladesh, there have
been five emergencies since her independence, all on the vague ground of ìnternal disturbance` After the
single emergency on the ground of ìnternal disturbance` Indian legislature replaced the vague term with a
specific one called àrmed rebellion` to pull the rein of its abuse. Unfortunately after five emergencies on
the same undefined and unspecific ground of ìnternal disturbance` , no intention has been seen among
our leaders especially the leaders of ruling party either to replace the word in the constitution like India
has done or to at least specify what is ìnternal disturbance` or what situations amount to such.
The loopholes of the Constitution regarding the emergency provision aren’t too hard to detect. Scholars
have suggested many safeguards every now and then analyzing how the other countries are protecting
fundamental rights and preventing the abuse of power even during emergency by adopting various
safeguarding measures in the constitution as well as in practice.
1. The validity of a proclamation of emergency depends on three things: war, external aggression
andinternal disturbances. First two grounds are specifically defined; so there is no objection to them; but
the third ground (internal disturbance) is not defined anywhere. So it is a vague term and due to the
absence of a definition the executive can easily misuse the emergency power. In Bangladesh emergency
has been declared for the 5 time. Every time it was declared on the ground of internal disturbance, but the
true scenario is different. The following recommendations appear to be pertinent in the circumstances
now obtainable in our country. For the purpose of preventing the abuse of emergency such a term as
‘armed rebellion’ or a specificdefinition of internal disturbance should be inserted in our constitution.
2. As discussed in Chapter 04, India, in the case of Minerva Mills vs. Union of India 35
made the
proclamation of emergency subject to judicial review. That is to say in India, the lagality and justifiability
of a proclamation of emergency can be challenged in the court. Such option debars unnecessary
proclamation of emergency like the emergency of 75. If our judiciary can establish such precedent, it will
be a milstone in checking the emergency.
3. The system of continuing emergency beyond four months (120 days) after its declaration without
approval of parliament is an irregular one.
In support of our recommendation we want to highlight the system of India and Pakistan relating to this
matter. In India, once emergency is declared it has to be approved by parliament within one month In
Pakistan the proclamation of emergency is to be laid before the parliament as soon as practicable in
accordance with the constitution of 1956 and 1962. But under the present constitution of Pakistan it is to
be put up before the parliament within two months36
.
4. Parliamentary approval to a proclamation of emergency can be given in Bangladesh by the simple
majority votes of the parliament memebers.This is illogical. Obviously, the party having the majority
35 .AIR 1980 SC 1789
36 . Article 232 of the Constitution of the Islamic Republic of Pakistan (1973)

27
forms government in Bangladesh and the ruling party seeks the provision of emergency to suppress the
opposition. A simple majority approval is not effective to prevent the abuse of emergency power. In
India, after the 44th
Amendment of the Constitution now approval has to be given by special majority of
the members of both Lok Sabha and Rajja Sabha.
5 Absence of any provision in our constitution for summoning a special oremergency session of the
parliament when it is not in session instigates abuse of emergency. Our neighboring country, Pakistan has
such provision in their constitution for joint sitting of parliament to be summoned by the President within
30 days of the declaration of emergency37
.In India also there is provision for special sitting of the
parliament in the context of emergency. In case of practices in western countries like the UK, there is also
provision for joint sitting of parliament. During the emergency at the time of the Second World War the
British Parliament called a special session of both the Houses of parliament and the session continued
until the war ended. In our constitution, such a provision should be inserted as early as possible to stop the
mishandling of emergency.
6. The option of derogation38
given by ICCPR also gives way to the government to abuse the emergency
provision
7. According to article 141B, six fundamental rights shall stand automatically suspended after the
declaration of emergency. However the proclamation of emergency does not always mean the suspension
of fundamental rights. At any rate, suspension of fundamental rights is an undemocratic process and, as
our country is a democratic country, we should not resort to it. After achieving independence, what the
people aspired after was a constitution where the fundamental rights would be ensured39
. In Germany,
there is provision for declaring emergency but there is no provision for suspension of fundamental
rights 40
. Almost the same provisions have been included in the constitution of the Republic of
Singapore41
. The 44th Amendment of Indian Constitution provides that at the time of war or external
aggression the six fundamental rights will remain suspended, but at the time internal disturbance these
will remain in force42
. Such provisions as these should be introduced in the Constitution of Bangladesh.
Actually government should take more care of our citizen’s rights at the time of emergency. If it becomes
necessary after a period, the suspension of the six fundamental rights should be withdrawn.
8. Another minus point of our constitution is that according to the article 141C; the President has the right
to suspend other fundamental rights also. Previously, at the time of all emergencies in our country, the
enforcement of other fundamental rights were declared suspended for months No democratic principle
can justify such a situation. There are some rights which have no connection with emergency; such as
right to property. This right is also suspended with other rights and it cannot be accepted by any civilized
nation. In India, through the 44th amendment of article 359, the suspension of rights mentioned in article
20 and 21 has been stopped. So it should be specifically pointed out in our constitution which particular
rights would be suspended during the emergency of war and which during the emergency of internal
disturbance.
9. During the time of emergency, the provision for the writ of habeas corpus remains suspended until
thewithdrawal of emergency; but it is a wrong provision. Arbitrary arrest and detention by the executive
without speedy trial is also a wrong process. If the detention is not in conformity with the provision of
law under which a man is purported to be detained, he should have the right to agitate the court of law in
37 Article 232(7) of the present Pakistan Constitution
38 Article 4(1) of the ICCPR
39 . Hamiduddin Khan, The Fundamental Rights to Freedom of Association in Indo-Pak -Bangladesh Subcontinent
2nd ed. (Dhaka, Mullick Brothers 1980) P 109
40 .Article 80(a), 115 (a) of the Basic Law of the Federal Republic of Germany
41 .Article 150,151 of the Constitution of Republic of Singapore
42 . Article 359 of the Constitution of India

28
the proper way43
. In the UK, at the time of emergency, the writ of habeas corpus is not suspended and the
Emergency Power Act expressly prohibits the alteration of the existing procedure of criminal cases and
no punishment is inflicted on any person without trial.
10. The High Court Division may Suo-Motu proceed in any matter relating to law. The Justices on the
basis of newspaper- comments precede Suo Motu.44
11. The Supreme Court can order the payment of compensatory cost to the person arrested illegally or
intentionally at the time of emergency as in the case of Bilkiss Akter Hossain vs. Govt.45
Anyone who has
been a victim of unlawful arrest or detention shall have an enforceable right to compensation46
.
In reality, the willingness of the political party in power to amennd the constitution quiting its intention to
oppress the opposition is the main factor to ensure fundamental rights of the citizens.
Conclusion:
Experiencing the harsh use of emergency many is in favor of removing such provisions from the
constitution. But we don’t live in a utopia and there is need for special measures in special circumstances.
It is indeed a luxury to think about the violations of human rights during emergency living in a country
where fundamental rights are being violated at full speed even in peace time. There has not been a single
incident where a member of the law enforcing agencies has been tried for the offense of extra judicial
killing. We have become so habituated to the abuse of power of the executive that nowadays we arent
surprised to see news of extrajudicial killing rather we get surprised if there isnt any. Unless our political
leaders are reformed or we, ourselves can make them reform by avoiding the attitude of being blinder
supporterof any particular party, we have a very long walk towards protecting our fundamental rights.
Index:
Case laws:
1. Shukla V.N. Cpnstitution of India, 7th ed, (India: Eastern Book Company, 1988)P 631
2. Case no 148 of 1985
3. Appeal no 12 of 1986
4. 13 MLR (2008) (AD) 208.
5. (1978) 30 DLR 103, 114
6. Appeal 5 of 1991
7. State of Uttar Pradeshv. Raj Narain,1975 AIR 865
8. MinervaMillsvs.Unionof India,AIR1980 SC 1789
9. AIR1980 SC1789
10. State vs. DC Satkhira45DLR 1993
11. MLR Vol 2, 1997(Dhaka)
43 Shaukat Mamood, A Study of the Constitution of Pakistan. 2nd ed. (Karachi, Oxford University Press Ltd., 1962,
P67
44 State vs. DC Satkhira 45DLR 1993
45 . MLR Vol 2, 1997(Dhaka)
46 . Article 9(5) of the ICCPR,1966

29
Bibliography:
1. Talukder , Dr. S.M. Hassan, Access to Justice: Bangladesh Perspective(2010)
2. Halim, Md. Abdul, Constitution,Constitutional Law and Politics: Bangladesh Perspective, (2008)
3. A.B.M. Mafizul Islam Patwari “Liberty of the People;Britain and Bangladesh”
4. Shukla V.N. Cpnstitution of India, 7thed, (India: Eastern Book Company, 1988)
5. Keith, Arthur Beoriedale, A Constitutional History of India 1600—1935, 2nded, London 1969,
6. Shaukat Mamood, A Study of the Constitution of Pakistan. 2nd ed. (Kaeachi, Oxford University Press Ltd., 1962
7. Hamiduddin Khan, The Fundamental Rights to Freedom of Association in Indo-Pak -Bangladesh Subcontinent
2nd ed. (Dhaka, Mullick Brothers 1980)
8. A.B.M. Mafizul Islam Patwari “Liberty of the People;Britain and Bangladesh
Websites visited:
1. http://www.merriam-webster.com/dictionary/impact. visited on 20.05.2018, 11am.
2. http://www.merriam-webster.com/dictionary/emergency.Visited on 20.05.2018. 11.10 am.
3. https://www.merriam-webster.com/dictionary/stateVisited on 20.05.2018. 11.14 am.
4. https://thelawdictionary.org/state-n/Visited on 20.05.2018. 11.17 am.
5. https://www.merriam-webster.com/dictionary/citizenVisited on 20.05.2018. 11.20 am.
Journals:
1. Bruce Ackerman, ‘Emergency, Constitution’(2004) 113 Yale Law Journal
2. Shahnaz Huda “Human rights under emergency situations” The Dhaka University Studies part F, Vol:
III(1992

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